Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20503 of 2023 Arising Out of PS. Case No.-9974 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ROUSHAN KUMAR Son of Late Kishori Ray Resident of South Napali Nagar, Rajiv Nagar, P.S. Rajiv Nagar, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RUBI KUMARI Daughter of Ram Bachan Ray Resident of Mohalla-Digha, P.S.-Digha, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ganesh Prasad Yadav,Advocate For the Opposite Party/s :

Mr.Rajesh Kumar,APP Mr.Ajay Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the parties.

The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offences under Section 498(A)/504 of the Indian Penal Code. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 4,000/- (four thousand) per month, starting from this month, to complainant/O.P.-2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of

Patna High Court CR. MISC. No.20503 of 2023(2) dt.19-05-2023 2/2 Rs. 4,000/- (four thousand) per month to complainant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 9974(C) of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(1.) Complainant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/O.P.-2.

(3.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond.

(4.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."

(Prabhat Kumar Singh, J) anay/- U T